BILL NUMBER: AB 248	CHAPTERED  10/10/99

	CHAPTER   876
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 8, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   SEPTEMBER 1, 1999
	AMENDED IN SENATE   AUGUST 31, 1999
	AMENDED IN SENATE   JULY 6, 1999
	AMENDED IN SENATE   JUNE 23, 1999
	AMENDED IN ASSEMBLY   MAY 3, 1999

INTRODUCED BY   Assembly Member Torlakson

                        FEBRUARY 1, 1999

   An act to amend Section 2079.10a of, to add Section 1102.17 to, to
add Article 1.7 (commencing with Section 1103) to Chapter 2 of Title
4 of Part 4 of Division 2 of, and to repeal Section 1102.6c of, the
Civil Code, to amend Sections 8589.3, 8589.4, and 51183.5 of the
Government Code, and to amend Sections 2621.9, 2694, and 4136 of the
Public Resources Code, relating to real property disclosures.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 248, Torlakson.  Natural Hazard Disclosure Statements.
   Existing law requires certain information to be disclosed by
transferors and their agents to prospective transferees prior to
specified transfers of residential real property.  Existing law also
requires these transferors and their agents, when specified
conditions are met, to make certain disclosures, on a form known as a
Natural Hazard Disclosure Statement, if the real property to be
transferred is located in an earthquake fault zone, or an area
subject to flooding, fire hazards, or seismic hazards.
   This bill would reorganize these provisions and make technical
changes with respect to Natural Hazard Disclosure Statements.  The
bill would also require certain sellers of residential real property
who have actual knowledge that the property is affected by or zoned
to permit certain manufacturing, commercial, or airport uses to give
written notice of that knowledge, as soon as practicable before
transfer of title.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1102.6c of the Civil Code is repealed.
  SEC. 2.  Section 1102.17 is added to the Civil Code, to read:
   1102.17.  The seller of residential real property subject to this
article who has actual knowledge that the property is affected by or
zoned to allow an industrial use described in Section 731a of the
Code of Civil Procedure shall give written notice of that knowledge
as soon as practicable before transfer of title.
  SEC. 3.  Article 1.7 (commencing with Section 1103) is added to
Chapter 2 of Title 4 of Part 4 of Division 2 of the Civil Code, to
read:

      Article 1.7.  Disclosure of Natural Hazards Upon Transfer of
Residential Property

   1103.  (a) Except as provided in Section 1103.2, this article
applies to any transfer by sale, exchange, installment land sale
contract, as defined in Section 2985, lease with an option to
purchase, any other option to purchase, or ground lease coupled with
improvements, of any real property described in subdivision (c), or
residential stock cooperative, improved with or consisting of not
less than one nor more than four dwelling units.
   (b) Except as provided in Section 1103.2, this article shall apply
to a resale transaction entered into on or after January 1, 2000,
for a manufactured home, as defined in Section 18007 of the Health
and Safety Code, that is classified as personal property intended for
use as a residence, or a mobilehome, as defined in Section 18008 of
the Health and Safety Code, that is classified as personal property
intended for use as a residence, if the real property on which the
manufactured home or mobilehome is located is real property described
in subdivision (c).
   (c) This article shall apply to the transactions described in
subdivisions (a) and (b) only if the transferor or his or her agent
are required by one or more of the following to disclose the property'
s location within a hazard zone:
   (1) A person who is acting as an agent for a transferor of real
property that is located within a special flood hazard area (any type
Zone "A" or "V") designated by the Federal Emergency Management
Agency, or the transferor if he or she is acting without an agent,
shall disclose to any prospective transferee the fact that the
property is located within a special flood hazard area if either:
   (A) The transferor, or the transferor's agent, has actual
knowledge that the property is within a special flood hazard area.
   (B) The local jurisdiction has compiled a list, by parcel, of
properties that are within the special flood hazard area and a notice
has been posted at the offices of the county recorder, county
assessor, and county planning agency that identifies the location of
the parcel list.
   (2) A person who is acting as an agent for a transferor of real
property that is located within an area of potential flooding,
designated pursuant to Section 8589.5 of the Government Code, or the
transferor if he or she is acting without an agent, shall disclose to
any prospective transferee the fact that the property is located
within an area of potential flooding if either:
   (A) The transferor, or the transferor's agent, has actual
knowledge that the property is within an inundation area.
   (B) The local jurisdiction has compiled a list, by parcel, of
properties that are within the inundation area and a notice has been
posted at the offices of the county recorder, county assessor, and
county planning agency that identifies the location of the parcel
list.
   (3) A transferor of real property that is located within a very
high fire hazard severity zone, designated pursuant to Section 51178
of the Public Resources Code, shall disclose to any prospective
transferee the fact that the property is located within a very high
fire hazard severity zone and is subject to the requirements of
Section 51182 if either:
   (A) The transferor, or the transferor's agent, has actual
knowledge that the property is within a very high fire hazard
severity zone.
   (B) A map that includes the property has been provided to the
local agency pursuant to Section 51178 of the Public Resources Code
and a notice has been posted at the offices of the county recorder,
county assessor, and county planning agency that identifies the
location of the map and any information regarding changes to the map
received by the local agency.
   (4) A person who is acting as an agent for a transferor of real
property that is located within an earthquake fault zone, designated
pursuant to Section 2622 of the Public Resources Code, or the
transferor if he or she is acting without an agent, shall disclose to
any prospective transferee the fact that the property is located
within a delineated earthquake fault zone if either:
   (A) The transferor, or the transferor's agent, has actual
knowledge that the property is within a delineated earthquake fault
zone.
   (B) A map that includes the property has been provided to the city
or county pursuant to Section 2622 of the Public Resources Code and
a notice has been posted at the offices of the county recorder,
county assessor, and county planning agency that identifies the
location of the map and any information regarding changes to the map
received by the county.
   (5) A person who is acting as an agent for a transferor of real
property that is located within a seismic hazard zone, designated
pursuant to Section 2696 of the Public Resources Code, or the
transferor if he or she is acting without an agent, shall disclose to
any prospective transferee the fact that the property is located
within a seismic hazard zone if either:
   (A) The transferor, or the transferor's agent, has actual
knowledge that the property is within a seismic hazard zone.
   (B) A map that includes the property has been provided to the city
or county pursuant to Section 2696 of the Public Resources Code and
a notice has been posted at the offices of the county recorder,
county assessor, and county planning agency that identifies the
location of the map and any information regarding changes to the map
received by the county.
   (6) A transferor of real property that is located within a state
responsibility area determined by the board, pursuant to Section 4125
of the Public Resources Code, shall disclose to any prospective
transferee the fact that the property is located within a wildland
area that may contain substantial forest fire risks and hazards and
is subject to the requirements of Section 4291 if either:
   (A) The transferor, or the transferor's agent, has actual
knowledge that the property is within a wildland fire zone.
   (B) A map that includes the property has been provided to the city
or county pursuant to Section 4125 of the Public Resources Code and
a notice has been posted at the offices of the county recorder,
county assessor, and county planning agency that identifies the
location of the map and any information regarding changes to the map
received by the county.
   (d) Any waiver of the requirements of this article is void as
against public policy.
   1103.1.  (a) This article does not apply to the following
transfers:
   (1) Transfers pursuant to court order, including, but not limited
to, transfers ordered by a probate court in administration of an
estate, transfers pursuant to a writ of execution, transfers by any
foreclosure sale, transfers by a trustee in bankruptcy, transfers by
eminent domain, and transfers resulting from a decree for specific
performance.
   (2) Transfers to a mortgagee by a mortgagor or successor in
interest who is in default, transfers to a beneficiary of a deed of
trust by a trustor or successor in interest who is in default,
transfers by any foreclosure sale after default, transfers by any
foreclosure sale after default in an obligation secured by a
mortgage, transfers by a sale under a power of sale or any
foreclosure sale under a decree of foreclosure after default in an
obligation secured by a deed of trust or secured by any other
instrument containing a power of sale, or transfers by a mortgagee or
a beneficiary under a deed of trust who has acquired the real
property at a sale conducted pursuant to a power of sale under a
mortgage or deed of trust or a sale pursuant to a decree of
foreclosure or has acquired the real property by a deed in lieu of
foreclosure.
   (3) Transfers by a fiduciary in the course of the administration
of a decedent's estate, guardianship, conservatorship, or trust.
   (4) Transfers from one coowner to one or more other coowners.
   (5) Transfers made to a spouse, or to a person or persons in the
lineal line of consanguinity of one or more of the transferors.
   (6) Transfers between spouses resulting from a judgment of
dissolution of marriage or of legal separation of the parties or from
a property settlement agreement incidental to that judgment.
   (7) Transfers by the Controller in the course of administering
Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the
Code of Civil Procedure.
   (8) Transfers under Chapter 7 (commencing with Section 3691) or
Chapter 8 (commencing with Section 3771) of Part 6 of Division 1 of
the Revenue and Taxation Code.
   (9) Transfers or exchanges to or from any governmental entity.
   (b) Transfers not subject to this article may be subject to other
disclosure requirements, including those under Sections 8589.3,
8589.4, and 51183.5 of the Government Code and Sections 2621.9, 2694,
and 4136 of the Public Resources Code.  In transfers not subject to
this article, agents may make required disclosures in a separate
writing.
   1103.2.  (a) The disclosures required by this article are set
forth in, and shall be made on a copy of, the following Natural
Hazard Disclosure Statement:


                   NATURAL HAZARD DISCLOSURE STATEMENT

  This statement applies to the following property:
_____________________

  The transferor and his or her agent(s) disclose the following
  information with the knowledge that even though this is not a
warranty,
  prospective transferees may rely on this information in deciding
  whether and on what terms to purchase the subject property.
  Transferor hereby authorizes any agent(s) representing any
principal(s)
  in this action to provide a copy of this statement to any person or

  entity in connection with any actual or anticipated sale of the
property.

  The following are representations made by the transferor and his
  or her agent(s) based on their knowledge and maps drawn by the
state
  and federal governments.  This information is a disclosure and is
not
  intended to be part of any contract between the transferee and
transferor.

  THIS REAL PROPERTY LIES WITHIN THE FOLLOWING HAZARDOUS AREA(S):

      A SPECIAL FLOOD HAZARD AREA (Any type Zone "A" or "V")
      designated by the Federal Emergency Management Agency.

          Yes _____   No _____    Do not know and
                                  information not
                                  available from local
                                  jurisdiction _________

      AN AREA OF POTENTIAL FLOODING shown on a dam failure inundation

      map pursuant to Section 8589.5 of the Government Code.

          Yes _____   No _____    Do not know and
                                  information not
                                  available from local
                                  jurisdiction _________

      A VERY HIGH FIRE HAZARD SEVERITY ZONE pursuant to Section 51178

      or 51179 of the Government Code.  The owner of this property is

      subject to the maintenance requirements of Section 51182 of the

      Government Code.

          Yes _____   No _____

      A WILDLAND AREA THAT MAY CONTAIN SUBSTANTIAL FOREST FIRE RISKS
      AND HAZARDS pursuant to Section 4125 of the Public Resources
      Code.  The owner of this property is subject to the maintenance

      requirements of Section 4291 of the Public Resources Code.
      Additionally, it is not the state's responsibility to provide
      fire protection services to any building or structure located
      within the wildlands unless the Department of Forestry and Fire

      Protection has entered into a cooperative agreement with a
local
      agency for those purposes pursuant to Section 4142 of the
Public
      Resources Code.

          Yes _____   No _____

      AN EARTHQUAKE FAULT ZONE pursuant to Section 2622 of the Public

      Resources Code.

          Yes _____   No _____

      A SEISMIC HAZARD ZONE pursuant to Section 2696 of the Public
      Resources Code.

          Yes (Landslide Zone) _____   Yes (Liquefaction Zone) _____
          No  _____                    Map not yet released by
                                       state _______

  THESE HAZARDS MAY LIMIT YOUR ABILITY TO DEVELOP THE REAL PROPERTY,
TO
  OBTAIN INSURANCE, OR TO RECEIVE ASSISTANCE AFTER A DISASTER.

  THE MAPS ON WHICH THESE DISCLOSURES ARE BASED ESTIMATE WHERE
NATURAL
  HAZARDS EXIST.  THEY ARE NOT DEFINITIVE INDICATORS OF WHETHER OR
NOT
  A PROPERTY WILL BE AFFECTED BY A NATURAL DISASTER.  TRANSFEREE(S)
AND
  TRANSFEROR(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE REGARDING
THOSE
  HAZARDS AND OTHER HAZARDS THAT MAY AFFECT THE PROPERTY.

  Transferor represents that the information herein is true and
  correct to the best of the transferor's knowledge as of the
  date signed by the transferor.

  Signature of
  Transferor ________________________   Date
__________________________

  Agent represents that the information herein is true and correct to
the
  best of the agent's knowledge as of the date signed by the agent.

  Signature of Agent ________________   Date
__________________________
  Signature of Agent ________________   Date
__________________________

  Transferee represents that he or she has read and understands this
  document.

  Signature of
  Transferee ________________________   Date
__________________________

   (b) If an earthquake fault zone, seismic hazard zone, very high
fire hazard severity zone, or wildland fire area map or accompanying
information is not of sufficient accuracy or scale that a reasonable
person can determine if the subject real property is included in a
natural hazard area, the transferor or transferor's agent shall mark
"Yes" on the Natural Hazard Disclosure Statement.  The transferor or
transferor's agent may mark "No" on the Natural Hazard Disclosure
Statement if he or she attaches a report prepared pursuant to
subdivision (c) of Section 1103.4 that verifies the property is not
in the hazard zone.  Nothing in this subdivision is intended to limit
or abridge any existing duty of the transferor or the transferor's
agents to exercise reasonable care in making a determination under
this subdivision.
   (c) If the Federal Emergency Management Agency has issued a Letter
of Map Revision confirming that a property is no longer within a
special flood hazard area, then the transferor or transferor's agent
may mark "No" on the Natural Hazard Disclosure Statement, even if the
map has not yet been updated.  The transferor or transferor's agent
shall attach a copy of the Letter of Map Revision to the disclosure
statement.
   (d) If the Federal Emergency Management Agency has issued a Letter
of Map Revision confirming that a property is within a special flood
hazard area and the location of the letter has been posted pursuant
to subdivision (g) of Section 8589.3 of the Government Code, then the
transferor or transferor's agent shall mark "Yes" on the Natural
Hazard Disclosure Statement, even if the map has not yet been
updated.  The transferor or transferor's agent shall attach a copy of
the Letter of Map Revision to the disclosure statement.
   (e) The disclosure required pursuant to this article may be
provided by the transferor and the transferor's agent in the Local
Option Real Estate Disclosure Statement described in Section 1102.6a,
provided that the Local Option Real Estate Disclosure Statement
includes substantially the same information and substantially the
same warnings that are required by this section.
   (f) The disclosure required by this article is only a disclosure
between the transferor, the transferor's agents, and the transferee,
and shall not be used by any other party, including, but not limited
to, insurance companies, lenders, or governmental agencies, for any
purpose.
   (g) In any transaction in which a transferor has accepted, prior
to June 1, 1998, an offer to purchase, the transferor, or his or her
agent, shall be deemed to have complied with the requirement of
subdivision (a) if the transferor or agent delivers to the
prospective transferee a statement that includes substantially the
same information and warning as the Natural Hazard Disclosure
Statement.
   1103.3.  (a) The transferor of any real property subject to this
article shall deliver to the prospective transferee the written
statement required by this article, as follows:
   (1) In the case of a sale, as soon as practicable before transfer
of title.
   (2) In the case of transfer by a real property sales contract, as
defined in Section 2985, or by a lease together with an option to
purchase, or a ground lease coupled with improvements, as soon as
practicable before execution of the contract.  For the purpose of
this subdivision, "execution" means the making or acceptance of an
offer.
   (b) The transferor shall indicate compliance with this article
either on the receipt for deposit, the real property sales contract,
the lease, any addendum attached thereto, or on a separate document.

   (c) If any disclosure, or any material amendment of any
disclosure, required to be made pursuant to this article is delivered
after the execution of an offer to purchase, the transferee shall
have three days after delivery in person or five days after delivery
by deposit in the mail to terminate his or her offer by delivery of a
written notice of termination to the transferor or the transferor's
agent.
   1103.4.  (a) Neither the transferor nor any listing or selling
agent shall be liable for any error, inaccuracy, or omission of any
information delivered pursuant to this article if the error,
inaccuracy, or omission was not within the personal knowledge of the
transferor or the listing or selling agent, and was based on
information timely provided by public agencies or by other persons
providing information as specified in subdivision (c) that is
required to be disclosed pursuant to this article, and ordinary care
was exercised in obtaining and transmitting the information.
   (b) The delivery of any information required to be disclosed by
this article to a prospective transferee by a public agency or other
person providing information required to be disclosed pursuant to
this article shall be deemed to comply with the requirements of this
article and shall relieve the transferor or any listing or selling
agent of any further duty under this article with respect to that
item of information.
   (c) The delivery of a report or opinion prepared by a licensed
engineer, land surveyor, geologist, or expert in natural hazard
discovery dealing with matters within the scope of the professional's
license or expertise, shall be sufficient compliance for application
of the exemption provided by subdivision (a) if the information is
provided to the prospective transferee pursuant to a request
therefor, whether written or oral.  In responding to that request, an
expert may indicate, in writing, an understanding that the
information provided will be used in fulfilling the requirements of
Section 1103.2 and, if so, shall indicate the required disclosures,
or parts thereof, to which the information being furnished is
applicable.  Where that statement is furnished, the expert shall not
be responsible for any items of information, or parts thereof, other
than those expressly set forth in the statement.
   1103.5.  (a) After a transferor and his or her agent comply with
Section 1103.2, they shall be relieved of further duty under this
article with respect to those items of information.  The transferor
and his or her agent shall not be required to provide notice to the
transferee if the information provided subsequently becomes
inaccurate as a result of any governmental action, map revision,
changed information, or other act or occurrence, unless the
transferor or agent has actual knowledge that the information has
become inaccurate.
   (b) If information disclosed in accordance with this article is
subsequently rendered inaccurate as a result of any governmental
action, map revision, changed information, or other act or occurrence
subsequent to the delivery of the required disclosures, the
inaccuracy resulting therefrom does not constitute a violation of
this article.
   1103.7.  Each disclosure required by this article and each act
that may be performed in making the disclosure shall be made in good
faith.  For purposes of this article, "good faith" means honesty in
fact in the conduct of the transaction.
   1103.8.  (a) The specification of items for disclosure in this
article does not limit or abridge any obligation for disclosure
created by any other provision of law or that may exist in order to
avoid fraud, misrepresentation, or deceit in the transfer
transaction.  The legislature does not intend to affect the existing
obligations of the parties to a real estate contract, or their
agents, to disclose any fact materially affecting the value and
desirability of the property, including, but not limited to, the
physical condition of the property and previously received reports of
physical inspection noted on the disclosure form provided pursuant
to Section 1102.6 or 1102.6a.
   (b) Nothing in this article shall be construed to change the duty
of a real estate broker or salesperson pursuant to Section 2079.
   1103.9.  Any disclosure made pursuant to this article may be
amended in writing by the transferor or his or her agent, but the
amendment shall be subject to Section 1103.3.
   1103.10.  Delivery of disclosures required by this article shall
be by personal delivery to the transferee or by mail to the
prospective transferee.  For the purposes of this article, delivery
to the spouse of a transferee shall be deemed delivery to the
transferee, unless provided otherwise by contract.
   1103.11.  Any person or entity, other than a real estate licensee
licensed pursuant to Part 1 (commencing with Section 10000) of
Division 4 of the Business and Professions Code, acting in the
capacity of an escrow agent for the transfer of real property subject
to this article shall not be deemed the agent of the transferor or
transferee for purposes of the disclosure requirements of this
article, unless the person or entity is empowered to so act by an
express written agreement to that effect.  The extent of that agency
shall be governed by the written agreement.
   1103.12.  (a) If more than one licensed real estate broker is
acting as an agent in a transaction subject to this article, the
broker who has obtained the offer made by the transferee shall,
except as otherwise provided in this article, deliver the disclosure
required by this article to the transferee, unless the transferor has
given other written instructions for delivery.
   (b) If a licensed real estate broker responsible for delivering
the disclosures under this section cannot obtain the disclosure
document required and does not have written assurance from the
transferee that the disclosure has been received, the broker shall
advise the transferee in writing of his or her rights to the
disclosure.  A licensed real estate broker responsible for delivering
disclosures under this section shall maintain a record of the action
taken to effect compliance in accordance with Section 10148 of the
Business and Professions Code.
   1103.13.  No transfer subject to this article shall be invalidated
solely because of the failure of any person to comply with any
provision of this article.  However, any person who willfully or
negligently violates or fails to perform any duty prescribed by any
provision of this article shall be liable in the amount of actual
damages suffered by a transferee.
   1103.14.  (a) As used in this article, "listing agent" means
listing agent as defined in subdivision (f) of Section 1086.
   (b) As used in this article, "selling agent" means selling agent
as defined in subdivision (g) of Section 1086, exclusive of the
requirement that the agent be a participant in a multiple listing
service as defined in Section 1087.
  SEC. 4.  Section 2079.10a of the Civil Code is amended to read:
   2079.10a.  (a) Every lease or rental agreement for residential
real property and every contract for sale of residential real
property comprising one to four dwelling units, shall contain, in not
less than eight-point type, the following notice:

   Notice:  The California Department of Justice, sheriff's
departments, police departments serving jurisdictions of 200,000 or
more and many other local law enforcement authorities maintain for
public access a data base of the locations of persons required to
register pursuant to paragraph (1) of subdivision (a) of Section
290.4 of the Penal Code.  The data base is updated on a quarterly
basis and a source of information about the presence of these
individuals in any neighborhood.  The Department of Justice also
maintains a Sex Offender Identification Line through which inquiries
about individuals may be made.  This is a "900" telephone service.
Callers must have specific information about individuals they are
checking.  Information regarding neighborhoods is not available
through the "900" telephone service.

   (b) Subject to subdivision (c), upon delivery of the notice to the
lessee or transferee of the real property, the lessor, seller, or
broker is not required to provide information in addition to that
contained in the notice regarding the proximity of registered sex
offenders.  The information in the notice shall be deemed to be
adequate to inform the lessee or transferee about the existence of a
statewide data base of the locations of registered sex offenders and
information from the data base regarding those locations.  The
information in the notice shall not give rise to any cause of action
against the disclosing party by a registered sex offender.
   (c) Notwithstanding subdivisions (a) and (b), nothing in this
section shall alter any existing duty of the lessor, seller, or
broker under any other statute or decisional law including, but not
limited to, the duties of a lessor, seller, or broker under this
article, or the duties a seller or broker under Article 1.5
(commencing with Section 1102) or Chapter
                 2 of Title 4 of Part 4 of Division 2.
   (d) Subdivision (a) of this section shall apply only to written
agreements and contracts that are entered into by the parties on or
after July 1, 1999.
  SEC. 5.  Section 8589.3 of the Government Code is amended to read:

   8589.3.  (a) A person who is acting as an agent for a transferor
of real property that is located within a special flood hazard area
(any type Zone "A" or "V") designated by the Federal Emergency
Management Agency, or the transferor if he or she is acting without
an agent, shall disclose to any prospective transferee the fact that
the property is located within a special flood hazard area.
   (b) Disclosure is required pursuant to this section only when one
of the following conditions is met:
   (1) The transferor, or the transferor's agent, has actual
knowledge that the property is within a special flood hazard area.
   (2) The local jurisdiction has compiled a list, by parcel, of
properties that are within the special flood hazard area and a notice
has been posted at the offices of the county recorder, county
assessor, and county planning agency that identifies the location of
the parcel list.
   (c) In all transactions that are subject to Section 1103 of the
Civil Code, the disclosure required by subdivision (a) of this
section shall be provided by either of the following means:
   (1) The Local Option Real Estate Disclosure Statement as provided
in Section 1102.6a of the Civil Code.
   (2) The Natural Hazard Disclosure Statement as provided in Section
1103.2 of the Civil Code.
   (d) For purposes of the disclosure required by this section, the
following persons shall not be deemed agents of the transferor:
   (1) Persons specified in Section 1103.11 of the Civil Code.
   (2) Persons acting under a power of sale regulated by Section 2924
of the Civil Code.
   (e) Section 1103.13 of the Civil Code shall apply to this section.

   (f) The specification of items for disclosure in this section does
not limit or abridge any obligation for disclosure created by any
other provision of law or that may exist in order to avoid fraud,
misrepresentation, or deceit in the transfer transaction.
   (g) A notice shall be posted at the offices of the county
recorder, county assessor, and county planning agency that identifies
the location of the special flood hazard area map, any relevant
Letters of Map Revision from the Federal Emergency Management Agency,
and any parcel list compiled by the local jurisdiction.
  SEC. 6.  Section 8589.4 of the Government Code is amended to read:

   8589.4.  (a) A person who is acting as an agent for a transferor
of real property that is located within an area of potential flooding
shown on an inundation map designated pursuant to Section 8589.5, or
the transferor if he or she is acting without an agent, shall
disclose to any prospective transferee the fact that the property is
located within an area of potential flooding.
   (b) Disclosure is required pursuant to this section only when one
of the following conditions is met:
   (1) The transferor, or the transferor's agent, has actual
knowledge that the property is within an inundation area.
   (2) The local jurisdiction has compiled a list, by parcel, of
properties that are within the inundation area and a notice has been
posted at the offices of the county recorder, county assessor, and
county planning agency that identifies the location of the parcel
list.
   (c) In all transactions that are subject to Section 1103 of the
Civil Code, the disclosure required by subdivision (a) of this
section shall be provided by either of the following means:
   (1) The Local Option Real Estate Disclosure Statement as provided
in Section 1102.6a of the Civil Code.
   (2) The Natural Hazard Disclosure Statement as provided in Section
1103.2 of the Civil Code.
   (d) For purposes of the disclosure required by this section, the
following persons shall not be deemed agents of the transferor:
   (1) Persons specified in Section 1103.11 of the Civil Code.
   (2) Persons acting under a power of sale regulated by Section 2924
of the Civil Code.
   (e) Section 1103.13 of the Civil Code shall apply to this section.

   (f) The specification of items for disclosure in this section does
not limit or abridge any obligation for disclosure created by any
other provision of law or that may exist in order to avoid fraud,
misrepresentation, or deceit in the transfer transaction.
  SEC. 7.  Section 51183.5 of the Government Code is amended to read:

   51183.5.  (a) A transferor of real property that is located within
a very high fire hazard severity zone, designated pursuant to this
chapter, shall disclose to any prospective transferee the fact that
the property is located within a very high fire hazard severity zone,
and is subject to the requirements of Section 51182.
   (b) Disclosure is required pursuant to this section only when one
of the following conditions is met:
   (1) The transferor, or the transferor's agent, has actual
knowledge that the property is within a very high fire hazard
severity zone.
   (2) A map that includes the property has been provided to the
local agency pursuant to Section 51178, and a notice is posted at the
offices of the county recorder, county assessor, and county planning
agency that identifies the location of the map and any information
regarding changes to the map received by the local agency.
   (c) In all transactions that are subject to Section 1103 of the
Civil Code, the disclosure required by subdivision (a) of this
section shall be provided by either of the following means:
   (1) The Local Option Real Estate Disclosure Statement as provided
in Section 1102.6a of the Civil Code.
   (2) The Natural Hazard Disclosure Statement as provided in Section
1103.2 of the Civil Code.
   (d) If the map or accompanying information is not of sufficient
accuracy or scale that a reasonable person can determine if the
subject real property is included in a very high fire hazard zone,
the transferor shall mark "Yes" on the Natural Hazard Disclosure
Statement.  The transferor may mark "No" on the Natural Hazard
Disclosure Statement if he or she attaches a report prepared pursuant
to subdivision (c) of Section 1103.4 of the Civil Code that verifies
the property is not in the hazard zone.  Nothing in this subdivision
is intended to limit or abridge any existing duty of the transferor
or the transferor's agents to exercise reasonable care in making a
determination under this subdivision.
   (e) Section 1103.13 of the Civil Code shall apply to this section.

   (f) The specification of items for disclosure in this section does
not limit or abridge any obligation for disclosure created by any
other provision of law or that may exist in order to avoid fraud,
misrepresentation, or deceit in the transfer transaction.
  SEC. 8.  Section 2621.9 of the Public Resources Code is amended to
read:
   2621.9.  (a) A person who is acting as an agent for a transferor
of real property that is located within a delineated earthquake fault
zone, or the transferor, if he or she is acting without an agent,
shall disclose to any prospective transferee the fact that the
property is located within a delineated earthquake fault zone.
   (b) Disclosure is required pursuant to this section only when one
of the following conditions is met:
   (1) The transferor, or the transferor's agent, has actual
knowledge that the property is within a delineated earthquake fault
zone.
   (2) A map that includes the property has been provided to the city
or county pursuant to Section 2622, and a notice has been posted at
the offices of the county recorder, county assessor, and county
planning agency that identifies the location of the map and any
information regarding changes to the map received by the county.
   (c) In all transactions that are subject to Section 1103 of the
Civil Code, the disclosure required by subdivision (a) of this
section shall be provided by either of the following means:
   (1) The Local Option Real Estate Transfer Disclosure Statement as
provided in Section 1102.6a of the Civil Code.
   (2) The Natural Hazard Disclosure Statement as provided in Section
1103.2 of the Civil Code.
   (d) If the map or accompanying information is not of sufficient
accuracy or scale that a reasonable person can determine if the
subject real property is included in a delineated earthquake fault
hazard zone, the agent shall mark "Yes" on the Natural Hazard
Disclosure Statement.  The agent may mark "No" on the Natural Hazard
Disclosure Statement if he or she attaches a report prepared pursuant
to subdivision (c) of Section 1103.4 of the Civil Code that verifies
the property is not in the hazard zone.  Nothing in this subdivision
is intended to limit or abridge any existing duty of the transferor
or the transferor's agents to exercise reasonable care in making a
determination under this subdivision.
   (e) For purposes of the disclosures required by this section, the
following persons shall not be deemed agents of the transferor:
   (1) Persons specified in Section 1103.11 of the Civil Code.
   (2) Persons acting under a power of sale regulated by Section 2924
of the Civil Code.
   (f) For purposes of this section, Section 1103.13 of the Civil
Code shall apply.
   (g) The specification of items for disclosure in this section does
not limit or abridge any obligation for disclosure created by any
other provision of law or that may exist in order to avoid fraud,
misrepresentation, or deceit in the transfer transaction.
  SEC. 9.  Section 2694 of the Public Resources Code is amended to
read:
   2694.  (a) A person who is acting as an agent for a transferor of
real property that is located within a seismic hazard zone, as
designated under this chapter, or the transferor, if he or she is
acting without an agent, shall disclose to any prospective transferee
the fact that the property is located within a seismic hazard zone.

   (b) Disclosure is required pursuant to this section only when one
of the following conditions is met:
   (1) The transferor, or transferor's agent, has actual knowledge
that the property is within a seismic hazard zone.
   (2) A map that includes the property has been provided to the city
or county pursuant to Section 2622, and a notice has been posted at
the offices of the county recorder, county assessor, and county
planning agency that identifies the location of the map and any
information regarding changes to the map received by the county.
   (c) In all transactions that are subject to Section 1103 of the
Civil Code, the disclosure required by subdivision (a) of this
section shall be provided by either of the following means:
   (1) The Local Option Real Estate Transfer Disclosure Statement as
provided in Section 1102.6a of the Civil Code.
   (2) The Natural Hazard Disclosure Statement as provided in Section
1103.2 of the Civil Code.
   (d) If the map or accompanying information is not of sufficient
accuracy or scale that a reasonable person can determine if the
subject real property is included in a seismic hazard zone, the agent
shall mark "Yes" on the Natural Hazard Disclosure Statement.  The
agent may mark "No" on the Natural Hazard Disclosure Statement if he
or she attaches a report prepared pursuant to subdivision (c) of
Section 1103.4 of the Civil Code that verifies the property is not in
the hazard zone.  Nothing in this subdivision is intended to limit
or abridge any existing duty of the transferor or the transferor's
agents to exercise reasonable care in making a determination under
this subdivision.
   (e) For purposes of the disclosures required by this section, the
following persons shall not be deemed agents of the transferor:
   (1) Persons specified in Section 1103.11 of the Civil Code.
   (2) Persons acting under a power of sale regulated by Section 2924
of the Civil Code.
   (f) For purposes of this section, Section 1103.13 of the Civil
Code applies.
   (g) The specification of items for disclosure in this section does
not limit or abridge any obligation for disclosure created by any
other provision of law or that may exist in order to avoid fraud,
misrepresentation, or deceit in the transfer transaction.
  SEC. 10.  Section 4136 of the Public Resources Code is amended to
read:
   4136.  (a) A transferor of real property that is located within a
state responsibility area determined by the board, pursuant to
Section 4125, shall disclose to any prospective transferee the fact
that the property is located within a wildland area that may contain
substantial forest fire risks and hazards and is subject to the
requirements of Section 4291.
   (b) Except for property located within a county that has assumed
responsibility for prevention and suppression of all fires pursuant
to Section 4129, the transferor shall also disclose to any
prospective transferee that it is not the state's responsibility to
provide fire protection services to any building or structure located
within the wildlands unless the department has entered into a
cooperative agreement with a local agency for those purposes pursuant
to Section 4142.
   (c) Disclosure is required pursuant to this section only when one
of the following conditions is met:
   (1) The transferor, or the transferor's agent, has actual
knowledge that the property is within a wildland fire zone.
   (2) A map that includes the property has been provided to the city
or county pursuant to Section 4125, and a notice has been posted at
the offices of the county recorder, county assessor, and county
planning agency that identifies the location of the map and any
information regarding changes to the map received by the county.
   (d) In all transactions that are subject to Section 1103 of the
Civil Code, the disclosures required by this section shall be
provided by either of the following means:
   (1) The Local Option Real Estate Disclosure Statement as provided
in Section 1102.6a of the Civil Code.
   (2) The Natural Hazard Disclosure Statement as provided in Section
1103.2 of the Civil Code.
   (e) If the map or accompanying information is not of sufficient
accuracy or scale that a reasonable person can determine if the
subject real property is included in a wildland fire zone, the agent
shall mark "Yes" on the Natural Hazard Disclosure Statement.  The
agent may mark "No" on the Natural Hazard Disclosure Statement if he
or she attaches a report prepared pursuant to subdivision (c) of
Section 1103.4 of the Civil Code that verifies the property is not in
the hazard zone.  Nothing in this subdivision is intended to limit
or abridge any existing duty of the transferor or the transferor's
agents to exercise reasonable care in making a determination under
this subdivision.
   (f) For purposes of this section, Section 1103.13 of the Civil
Code applies.
   (g) The specification of items for disclosure in this section does
not limit or abridge any obligation for disclosure created by any
other provision of law or that may exist in order to avoid fraud,
misrepresentation, or deceit in the transfer transaction.
